From: JDSupra Business Advisor
by Bruce Colbath | Sheppard Mullin Richter & Hampton LLP
On October 2, 2014, the U.S. Department of Justice announced that a cyber intelligence data-sharing platform known as TruSTAR, developed by CyberPoint International, LLC, passed antitrust muster. The TruSTAR platform allows members to share threat and incident data along with cyber-attack information, and to develop remediation solutions to facilitate more effective cyber-attack prevention strategies. The DOJ’s business review letter also reiterated antitrust guidelines applicable to information exchanges by business organizations such as industry trade associations.
Earlier this year, DOJ and the Federal Trade Commission issued a joint policy statement recognizing that the ability of private entities to share cyber threat information is an important component to identifying and combating cyber attacks.[1] In that Policy Statement, the agencies emphasized that the antitrust laws are not an impediment to legitimate private-sector initiatives to share specific information about cyber incidents and mitigation techniques to defend against cyber attacks. The DOJ concluded that the TruSTAR information sharing platform was consistent with the type of information sharing identified by the agencies as not raising competitive concerns and offered procompetitive benefits by offering members an efficient means of reducing cyber-security costs.
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